Divorce Due to Domestic Violence in Kendari Religious Court in the Perspective of Maqashid Syariah

Legal Policy Implications in Protecting Women and Children

Abstract

The main problem in this research is divorce due to acts of domestic violence in the Kendari Class 1A Religious Court. The sub-problems in this research are: (1) What are the factors behind acts of domestic violence that result in divorce? (2) What legal considerations do judges use in resolving divorce cases resulting from Domestic Violence Action No. 262 at the Kendari Religious Court Class 1A. (3) What is the role of Maqashid Syari'ah in resolving divorce cases resulting from domestic violence action No. 262 at the Kendari Religious Court Class 1A. This research is qualitative research using two data collection methods, namely primary through observation, interviews and documentation and secondly, secondary, namely literature review through books, thesis journals, annual reports and internet sites related to the author's title. The results of this research show that: (1) in the last 4 years the number of cases decided regarding divorce (divorce) cases in the Kendari class 1A religious court was 2,466 cases. Among these cases, divorce due to acts of domestic violence reached 190 cases in the last 4 years which were caused by several factors such as economic factors, infidelity, habits/culture. (2) In handling divorce cases resulting from domestic violence in the Kendari class 1A religious court, the judges use several legal bases such as Marriage Law No. 1 of 1974 as the main base. There are also several legal bases such as MK rules, SEMA, KHI, Fiqh, and also customary law. (3) Maqashid Syariah has its own role in responding to divorce cases resulting from domestic violence No. 262 which provides a view on this matter, efforts to create benefits that are far more important than a family itself. As is known, the essence of the family is to create a happy and eternal household based on the belief in Almighty God. The implications of this research are: (1) It is hoped that the community, especially the Kendari city area, will be more aware of the negative impact of domestic violence on families, especially on children who may experience trauma and disturbed emotional development. By understanding this impact, society can be more alert and act more proactively in identifying and reporting cases of domestic violence to minimize the increase in divorce rates. (2) It is hoped that the government can be more active in providing education in raising awareness among the public about the dangers of domestic violence, enforcing legal policies in taking action against perpetrators of domestic violence, and protecting the rights of victims of domestic violence.